State of U.P v. Counsel for
Case Details
HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Santosh Kumar Singh, learned counsel for the applicant, Shri Yagyavalk Pandey, learned A.G.A. for the state as also Shri Nasiruzzaman, learned counsel who has put in appearance in opposition to the bail. The instant bail application under Section 483 of BNSS, 2023, at the instance of the applicant Nahid Khan has been filed seeking enlargement on Bail in Case Crime No. 16 of 2025 under section 191 (2), 191 (3), 190, 103 (1) B.N.S. Police Station Rahra, District-Amroha, during the pendency of the trial before the Court Below. The Bail application of the applicant in the Court Below was rejected by the Learned Sessions Judge, Amroha, vide order dated 09.05.2025 and the applicant is incarcerated in jail since 12.02.2025. Shri V.P. Srivastava, learned Senior Counsel, appearing for the applicant has argued that the applicant is innocent and has been falsely implicated in this very case crime number for alterior motive. The First Information Report giving rise to the case crime number in question was lodged on 20.01.2025 at 16.57 regarding the incident said to have taken place on the same day at 12.30 hours (day time) nominating the applicant and 5 other persons alleging that the informant was talking with his brother namely Ishrat Ali when he heard a voice stating to catch hold of Ishrat and kill him and after some time the informant heard a gun shot. The informant along with Savej S/o Ishrat, Aamir S/o Nazakat Ali reached the spot and saw that the applicant and the nominated persons after killing his brother were pulling him into the sugarcane field. On seeing the informant and others they fled the scene. The brother of the informant was found drowsed in blood on the edge of the road in the sugarcane filed dead. Shri V.P. Srivastava, learned Senior Counsel has argued that the F.I.R. is delayed by about 4 hours without there being any explanation for the delay. The Police Station is situate at a distance of 15 Kilometer from the place of incident. It is argued that the informant is not an eyewitness of the incident and has not seen the crime being committed except that the accused persons were seen pulling the deceased into the 2 BAIL No. 20317 of 2025 sugarcane filed. The post morten examination of the deceased reveals 2 entry and 1 exit wound and the cause of death shown is Hemorrhage and Shock due to ante mortem injury. Learned Senior Counsel has also argued that the applicant has been falsely implicated in this case on account of village politics in reference to the election to the post of Gram pradhan. This is borne out from the statement of the informant recorded under Section 180 B.N.S.S. In his 2nd statement the informant has stated that the incident was witnessed by Naushad S/o Shafiq Ahmad and Momin S/o Shabir. He has introduced 4 others persons i.e. Salim, Rehman, Aazam and Sarfaraz to be also involved in the commission of crime. The eye witness Naushad in his statement has not named the applicant to be present on the place of incident. Likewise Momin S/o Shabir in his statement has also not named the applicant to be present on the place of occurrence. There has been no recovery of any incriminating material from the possession or pointing out of the applicant. The recovery of country made pistols have been effected from the possession and pointing out of the co-accused Salim and Nazim. However, in the statements of alleged eye witnesses Savej S/o Ishrat (deceased) and Aamir recorded on 25.01.2025 after 5 days of the alleged incident have nominated all accused persons including the applicant and also stated that Salim and Nazim were brandishing country made pistols. It is also argued that the CDR details of the applicant also did not establish his presence at the place of incident. It is further argued that there is no enmity of the applicant with the deceased Ishrat. The applicant had voted in favour of the wife of Nazim and not in favour of Ishrat and for this reason he has been falsely implicated. The applicant has no other criminal antecedent and undertakes to abide by the conditions imposed by this Court if enlarged on bail. Per contra, learned A.G.A. as also Shri Nasiruzzaman, learned counsel for the First Informant has strongly opposed the bail plea by submitting that the complicity of the applicant stands established from the materials on record. The applicant and other accused persons have committed the murder of the deceased and is not entitled to be released on Bail. Charge sheet against the applicant has been submitted under Section 191 (2), 191 (3), 190, 103 (1) of B.N.S. after collecting credible and concrete evidences on 10.04.2025 and offence alleged is made out against the applicant. Having heard the learned counsel for the parties and having perused the record, taking note of the variance in the occular version of the prosecution witnesses as regards the presence of the applicant at the place of incident, no recovery of any incriminating materials having been made from the possession or pointing out of the applicant complicity of the accused, severity of punishment, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. Let the applicant-Nahid Khan, involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:- 3 BAIL No. 20317 of 2025
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co- operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. September 23, 2025 Deepak/ (Ashutosh Srivastava,J.) DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad
HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Santosh Kumar Singh, learned counsel for the applicant, Shri Yagyavalk Pandey, learned A.G.A. for the state as also Shri Nasiruzzaman, learned counsel who has put in appearance in opposition to the bail. The instant bail application under Section 483 of BNSS, 2023, at the instance of the applicant Nahid Khan has been filed seeking enlargement on Bail in Case Crime No. 16 of 2025 under section 191 (2), 191 (3), 190, 103 (1) B.N.S. Police Station Rahra, District-Amroha, during the pendency of the trial before the Court Below. The Bail application of the applicant in the Court Below was rejected by the Learned Sessions Judge, Amroha, vide order dated 09.05.2025 and the applicant is incarcerated in jail since 12.02.2025. Shri V.P. Srivastava, learned Senior Counsel, appearing for the applicant has argued that the applicant is innocent and has been falsely implicated in this very case crime number for alterior motive. The First Information Report giving rise to the case crime number in question was lodged on 20.01.2025 at 16.57 regarding the incident said to have taken place on the same day at 12.30 hours (day time) nominating the applicant and 5 other persons alleging that the informant was talking with his brother namely Ishrat Ali when he heard a voice stating to catch hold of Ishrat and kill him and after some time the informant heard a gun shot. The informant along with Savej S/o Ishrat, Aamir S/o Nazakat Ali reached the spot and saw that the applicant and the nominated persons after killing his brother were pulling him into the sugarcane field. On seeing the informant and others they fled the scene. The brother of the informant was found drowsed in blood on the edge of the road in the sugarcane filed dead. Shri V.P. Srivastava, learned Senior Counsel has argued that the F.I.R. is delayed by about 4 hours without there being any explanation for the delay. The Police Station is situate at a distance of 15 Kilometer from the place of incident. It is argued that the informant is not an eyewitness of the incident and has not seen the crime being committed except that the accused persons were seen pulling the deceased into the 2 BAIL No. 20317 of 2025 sugarcane filed. The post morten examination of the deceased reveals 2 entry and 1 exit wound and the cause of death shown is Hemorrhage and Shock due to ante mortem injury. Learned Senior Counsel has also argued that the applicant has been falsely implicated in this case on account of village politics in reference to the election to the post of Gram pradhan. This is borne out from the statement of the informant recorded under Section 180 B.N.S.S. In his 2nd statement the informant has stated that the incident was witnessed by Naushad S/o Shafiq Ahmad and Momin S/o Shabir. He has introduced 4 others persons i.e. Salim, Rehman, Aazam and Sarfaraz to be also involved in the commission of crime. The eye witness Naushad in his statement has not named the applicant to be present on the place of incident. Likewise Momin S/o Shabir in his statement has also not named the applicant to be present on the place of occurrence. There has been no recovery of any incriminating material from the possession or pointing out of the applicant. The recovery of country made pistols have been effected from the possession and pointing out of the co-accused Salim and Nazim. However, in the statements of alleged eye witnesses Savej S/o Ishrat (deceased) and Aamir recorded on 25.01.2025 after 5 days of the alleged incident have nominated all accused persons including the applicant and also stated that Salim and Nazim were brandishing country made pistols. It is also argued that the CDR details of the applicant also did not establish his presence at the place of incident. It is further argued that there is no enmity of the applicant with the deceased Ishrat. The applicant had voted in favour of the wife of Nazim and not in favour of Ishrat and for this reason he has been falsely implicated. The applicant has no other criminal antecedent and undertakes to abide by the conditions imposed by this Court if enlarged on bail. Per contra, learned A.G.A. as also Shri Nasiruzzaman, learned counsel for the First Informant has strongly opposed the bail plea by submitting that the complicity of the applicant stands established from the materials on record. The applicant and other accused persons have committed the murder of the deceased and is not entitled to be released on Bail. Charge sheet against the applicant has been submitted under Section 191 (2), 191 (3), 190, 103 (1) of B.N.S. after collecting credible and concrete evidences on 10.04.2025 and offence alleged is made out against the applicant. Having heard the learned counsel for the parties and having perused the record, taking note of the variance in the occular version of the prosecution witnesses as regards the presence of the applicant at the place of incident, no recovery of any incriminating materials having been made from the possession or pointing out of the applicant complicity of the accused, severity of punishment, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. Let the applicant-Nahid Khan, involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:- 3 BAIL No. 20317 of 2025
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co- operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. September 23, 2025 Deepak/ (Ashutosh Srivastava,J.) DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad